twca groundwater committee update 3/7/2014
DESCRIPTION
Presented by Co-Chairs: Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC Hope Wells, General Counsel, San Antonio Water System at TWCA Annual ConferenceTRANSCRIPT
TWCA Groundwater
Committee Update
TWCA Annual Conference
March 7, 2014
Presented by Co-Chairs:
Brian L. Sledge, Attorney at Law, Sledge Fancher, PLLC
Hope Wells, General Counsel, San Antonio Water System
Committee Makeup and Procedures
• Large and diverse stakeholders group
• 2010 Committee Lessons
• Consensus decision-making
• Issues Being Tackled
• Subcommittee organization
Issues Being Tackled
• GCD Permitting: Renewals, Amendments, Rules Consistency
• Brackish Groundwater Regulation
• Aquifer Storage and Recovery
Issues Being Tackled
• Oil and Gas Permitting Exemptions
• TDLR Water Well Driller Regulation
• Contested Case Hearings and Administrative Procedures
Issues Being Tackled
• Appeals of DFCs
• TDLR Water Well Driller Regulation
• Contested Case Hearings and Administrative Procedures
Issues Being Tackled
• Nonsubstantive Chapter 36 Cleanup
• 36.121 Cleanup
• Impacts of MAGs on Permitting and Regional and State Water Planning
Issues Being Tackled
• Support funding for TWDB programs
• Review / abolish SAO process in Chapter 36
• Impacts of MAGs on Permitting and Regional and State Water Planning
GCD Permitting: Renewals and Amendments
• Permittees looking for longer permits or more certainty in permit renewals
• GCDs want to be able to achieve DFCs and cutback when necessary
• House Bill 1796 (2013) as template
• Possible changes to 36.122
Brackish Groundwater Regulation
• Goal to encourage use of brackish, and protect freshwater supplies and management efforts
• Brackish production zone designation in brackish areas only
• Petition to GCD (or GCD-initiated)
• Petitioner bears burden of proof
Brackish Groundwater Regulation
• De minimis impacts; mitigation
• Appeal to TWDB Executive Administrator
• Further appeal to full TWDB board
• Automatic referral to SOAH for first contested case hearing
• PFD to TWDB board for decision
Brackish Groundwater Regulation
• If zone is designated, permit for length of project financing, not to exceed 30 years
• Monitoring well requirement to measure actual versus modeled impacts
• Cutbacks or mitigation only as necessary to limit impacts
Brackish Groundwater Regulation
• Permit application to GCD consistent with petition/ findings in zone designation
• No CCH—appeal to district court